Order 6

Order Details: COPY OF ORDER
Pdf Text: (Aradhana)
JMFC (NI Act) – 09, Central District
Tis Hazari Court, Delhi/24.07.2026
35 CC NI ACT / 4206/2025
Sunny Kumar Jha Vs. Sumit Kumar Jha
Proceedings conducted through hybrid mode.
24.07.2026
Matter is taken up today on an application moved on behalf of the accused.
Present: Sh. Praveen Chandra, Ld Counsel for the complainant.
Sh. Rajendra Yadav, Ld. Counsel for the accused with accused.
Fresh vakalatnama filed on behalf of the accused. Same be taken on record.
An application for cancellation of NBWs has been moved on behalf of the
accused stating that the accused was not aware of the present proceedings.
Submissions heard. Application perused.
Keeping in view the submissions made and considering the fact that the accused
has entered appearance before the Court, NBWs issued against the accused are stayed subject
to cost of Rs.1000/- to be paid to the complainant today itself.
Cost paid to the Ld Counsel for the complainant.
Offence being bailable, accused is admitted to bail subject to furnishing of
personal bonds in the sum of Rs.35,000/- with one surety of like amount.
Personal bonds furnished by accused are accepted till NDOH.
At this stage, the accused seeks some time to furnish surety.
Heard. Allowed.
Copy of complaint and documents is acknowledged by the Ld. counsel for the
accused.
Notice u/s 251 Cr.P.C framed against the accused to which he pleaded not guilty
and claimed trial. Admission / denial of documents u/s 294 Cr.P.C of accused has been
recorded separately.
In view of admission and denial, witness cited at Sr. no.2 and 3 are hereby
dropped from the array of witnesses as per the list of witnesses filed by the complainant.
Ld. Counsel for accused has made oral submissions for the application u/s 145(2)
NI Act. Not opposed by Ld. Counsel for complainant.
Accordingly, application u/s 145(2) NI Act stands allowed.
This court is of the view that a sentence for imprisonment exceeding one year
may have to be imposed, if the trial results in conviction. Thus, this court does not deem it
appropriate to try the case summarily and hence, the present case shall be tried as a summons
triable case.
Accused shall appear in person alongwith surety on the NDOH.
List for furnishing of surety/CE/further proceedings on date fixed i.e. on
23.10.2026.
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